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Hawear As Customary Law In Protecting And Conserving Marine Resources In Southeast Maluku Regency

Author

Listed:
  • Muchtar Anshary Hamid Labetubun

    (Faculty of Law Pattimura University, Ambon, Indonesia)

  • La Ode Angga

    (Faculty of Law Pattimura University, Ambon, Indonesia)

  • Sabri Fataruba

    (Faculty of Law Pattimura University, Ambon, Indonesia)

Abstract

Protecting and conserving marine resources includes all marine ecosystems (both fauna and vegetation) in the sea and coastal areas that carry heredity traits, of which these species are part. The purpose of this study is to analyze the implementation of Hawear as customary law in protecting and preserving marine resources in Southeast Maluku Regency. This research method is a sociological legal research, carried out using an empirical juridical approach which is a qualitative analysis descriptive study. The results of the study show that the existence of the Hawear customary law is constitutionally recognized. Hawear's customary law contains certain sanctions, the sanctions in Hawear's customary law are not as severe as positive law or state law, but at least they can provide a deterrent effect from the customary side. So indigenous peoples who know and understand and obey customs and customary law, will definitely submit and obey customary law, namely the law of Hawear. The customary law of Hawear can be applied by indigenous peoples in the protection and preservation of the marine environment, so that it is not only the responsibility of the government, but also the responsibility of all levels of society, including the Indigenous Law Community

Suggested Citation

  • Muchtar Anshary Hamid Labetubun & La Ode Angga & Sabri Fataruba, 2021. "Hawear As Customary Law In Protecting And Conserving Marine Resources In Southeast Maluku Regency," Technium Social Sciences Journal, Technium Science, vol. 25(1), pages 146-155, November.
  • Handle: RePEc:tec:journl:v:25:y:2021:i:1:p:146-155
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    More about this item

    Keywords

    Hawear as Customary Law; Protect and Preserve; Marine Resources;
    All these keywords.

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

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